I, on behalf of Plaintiff, filed a Suit for Declaration and Injunction with alternative prayer for Partition and recovery of possession of Suit Property i.e. the land in question, which was sold by the predecessor of the Plaintiff to the Defendant and since then they have encroached much than purchased land and the said land is unpartitioned. Thereafter, it is known that, the Defendant have already filed a caveat. So, no ad-interim order passed. But on the same day I have filed a petition u/o- XXVI, r-9 of C.P.C with prayer for commissioner appointment to elucidate the actual position. The copy was duly served to the opponent's counsel.
Now,
(i) On which ground the Defendant may raise objection?
(ii) To over rule such objection, which points are required to be focused by me?
(iii) Case reference, if any?
